Acts and Regulations

2020, c.29 - Construction Remedies Act

Section 64
Disposition versions

Full text
Extinguishment of lien that attaches to land – failure to register claim for lien or commence an action
64(1)A lien that attaches to land is extinguished if the claim for lien has not been registered in the appropriate land registration office before the expiry of the time limit set out in section 59, 60 or 61, as the case may be.
64(2)A lien that attaches to land that has not been extinguished as a result of the operation of subsection (1) is extinguished 90 days after the claim for lien is registered in the appropriate land registration office, unless, before the expiry of the 90-day period, a person
(a) commences an action to enforce
(i) the lien, or
(ii) another lien against the same land; and
(b) registers a certificate of pending litigation in the form prescribed by regulation against the land in the appropriate land registration office.
Extinguishment of lien that attaches to land – failure to register claim for lien or commence an action
64(1)A lien that attaches to land is extinguished if the claim for lien has not been registered in the appropriate land registration office before the expiry of the time limit set out in section 59, 60 or 61, as the case may be.
64(2)A lien that attaches to land that has not been extinguished as a result of the operation of subsection (1) is extinguished 90 days after the claim for lien is registered in the appropriate land registration office, unless, before the expiry of the 90-day period, a person
(a) commences an action to enforce
(i) the lien, or
(ii) another lien against the same land; and
(b) registers a certificate of pending litigation in the form prescribed by regulation against the land in the appropriate land registration office.